A federal judge in Washington has ruled that computer programs to make plastic guns with a 3D printer have to stay off the internet, at least for now, because the Trump administration failed to follow proper procedures for changing the rules that currently keep them offline.
U.S. District Judge Robert Lasnik in Seattle this week agreed with Washington and 18 other states that the way the U.S. State Department tried to lift the ban on internet sales of the plans was arbitrary, not supported by evidence, and a violation of the federal Administrative Procedures Act, which governs the steps an agency must take when changing rules.
In 2013, the State Department said the Arms Export Control Act gave it the authority to restrict the posting of computer-assisted design files that can be used to make guns with a 3D printer. It ordered a Texas company, which had posted those files, to remove them.
The company filed a lawsuit in Texas, contending among other things the rule was prior restraint on gun-related speech. A judge denied the company’s request for an injunction, and the circuit court of appeals agreed.
In April 2018, the federal government and Defense Distributed reached a tentative settlement that would allow the company to publish the files. The government announced a temporary modification of the rules under export law would take place at the end of July.
Judge Lasnik said while the Trump administration has the authority to propose the change, it didn’t adequately notify Congress of its plans before announcing the change last year. Nor did it offer a reason for the change or respond to public comments raising concerns.
Lasnik added his job wasn’t to decide the larger issues behind the potential danger of 3D guns, but to rule whether the federal agencies followed the rules to make the change. (Spokesman Review)
